Although a doctor claimed his former employer and its administrator failed to pay him under his employment contract and also committed fraud, the administrator could not be personally sued for breach of contract and the fraud claims failed as a ...

Tagged with: Contract Judge David J. Novak U.S. District Court - Eastern District

Where plaintiff claims defendant marina’s actions caused his boat to sink during a winter storm, the parties’ boat slip lease did not create a bailment, so plaintiff’s cause of action is limited to a claim for breach of contract. His ...

Tagged with: Contract Judge William R Marchant Richmond Circuit Court Virginia Circuit Courts

Where an executrix of an estate had been gifted property by the decedent and a bank later sold that property at a foreclosure sale, the executrix did not have standing to bring a breach of contract claim against the bank ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where an insurer settled a claim in full after the circuit court ruled the insurer was primarily liable, the settling insurer can seek equitable contribution from the other insurer on the risk after the circuit court’s ruling was reversed on ...

Tagged with: Contract Published Order Supreme Court of Virginia

Defendants, who partnered with plaintiff to develop a community and, as part of a settlement agreement following the project’s collapse, agreed to assume plaintiff’s obligations under a loan taken out to finance the project, committed breach of contract by failing ...

Tagged with: Contract Judge John A. Gibney Jr. U.S. District Court - Eastern District

Where the parties’ contract provided plaintiffs with a 15% hardship uplift of their pay for working in Afghanistan and neither party knew that Department of State regulations permitted a 35%  maximum, plaintiffs’ claim for the higher uplift is rejected. The ...

Tagged with: Contract Fairfax County Circuit Court Judge Michael F. Devine Virginia Circuit Courts

Where a contractor who provided mail deliveries for the U.S. Postal Service was repeatedly sexually harassed, assaulted and battered by a USPS employee, the U.S. was shielded from liability by sovereign immunity and could not be held liable for the ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

Where an independent insurance agent sold insurance policies under a contract with an insurance company and unknown third parties used the agent’s license to process applications with the insurance company, ultimately leading to financial losses for the agent, the agent ...

Tagged with: Contract Judge Michael F. Urbanski U.S. District Court - Western District

The court will grant the demurrer filed by a third-party defendant because the indemnity provision at issue would allow another party to seek indemnity from this defendant for its own negligent acts. Discussion Plaintiff Morris sued defendant DSA on negligence ...

Tagged with: Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

The accrual date for plaintiff’s claim that defendant did not perform workmanlike repairs to a leaky roof was when plaintiff noticed the roof was still leaking after the work was finished. The claim did not accrue later when the roofing ...

Tagged with: Contract Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts